J1 out of status married to USC ( No 2yrr )

[smugyou 0]

Hello,

I just recently married to my wife who has quit her job that was tied to her J1 visa within a month. This put her in "Out of Status", and we are wondering exactly what paper work to fill out. She does not have the 2 year requirment, so there are no issues regarding that.

From what I learned, we need to fill out these forms:

i485

i130

I also beleive we need to do a medical form? Is that true, and also can you please let us know if we need to fill out any other forms.

Also,

Wife has with her:

Passport

Visa J1 "out of status"

CA driver's ID

Copy of Birth Cert <- do we need her family from argentina to mail it over?

Thanks a bunch

Sorry if this question was asked already, i reserched and I feel like everyones situation is slightly different, so i rather ask something stricktly related to my situation.

[smugyou 0]

I actually found a reply that seems very imformative, does this cover everything?

We sent our entire package off together, the I-130 processes through-out your entire AOS case. When ours was filing, we received the first notice of action for all of them, then was able to check up online for the I-485, but the I-130 was never available for viewing online (strange)...

WE DID NOT SEND A COVER LETTER....************

You will send;

I-130 PETITION FOR ALIEN RELATIVE (FILLED IN BY WIFE)
I-485 ADJUSTMENT OF STATUS (FILLED IN BY YOU)
I-864 AFFIDAVIT OF SUPPORT (FILLED IN BY WIFE)
I-693 (SEALED ENVELOPE MUST BE DONE BY CIVIL SURGEON) ((FILLED BY CIVIL SURGEON))
I-765 APPLICATION FOR EMPLOYMENT AUTHORIZATION (FILLED IN BY YOU)
FEE PAYMENT IN CHECK OR MONEY ORDER FORM, MADE PAYABLE TO: DEPARTMENT OF HOMELAND SECURITY
2 x PASSPORT STYLE PHOTOS, TAKEN WITHIN 30 DAYS OF YOUR APPLICATION
A PHOTOCOPY OF YOUR I-94 FROM THE LAST ENTRY TO UNITED STATES
A PHOTOCOPY OF YOUR PASSPORT PHOTO I.D AND THE STAMPED PAGE OF YOUR LAST ENTRY TO UNITED STATES
A COPY OF YOUR BIRTH CERTIFICATE (IF IN DIFFERENT LANGUAGE SEND ORIGINAL AND CERTIFIED TRANSLATION)
IF ANY PAST CONVICTIONS SEND ANY EVIDENCE OF POLICE CLEARANCE
A CERTIFIED COPY OF YOUR MARRIAGE CERTIFICATE

FOR THE I-864 YOU HAVE TO SEND IN TAX RETURNS AND PAY STUBS OF THE LAST YEAR OR TWO YEARS. IT IS ALSO GOOD TO HAVE A LETTER OF PROOF OF EMPLOYMENT WHICH SHOULD BE SIGNED BY MANAGER / OWNER OF BUSINESS. SEND COPIES OF ALL W-2s AND ANY COLLEGE TAX SLIPS. THIS ALL HELPS.
~~ IF SOMEONE IS CO-SPONSORING YOU (I-864A) YOU SHOULD SEND IN PROOF OF ABILITY TO SPONSOR YOU. I.E ANY ASSETS.

FOR THE I-693 IT IS BEST TO OBTAIN AS MUCH OF YOUR PAST MEDICAL HISTORY AS POSSIBLE BEFORE GOING FOR THE APPOINTMENT, ALSO A COPY OF YOUR VACCINATION RECORDS. THIS WILL HELP YOU, THE CIVIL SURGEON AND YOUR WIFE GET IT OVER WITH AS SOON AS POSSIBLE. YOU WILL HAVE VACCINATIONS BLOOD TESTS AND A "PPD" TEST, THIS IS TO TEST FOR TUBERCULOSIS. IF IT SHOWS A REACTION, BE PREPARED TO PAY FOR AN X-RAY.

THE I-765 YOU CAN SUBMIT AT THE SAME TIME AS THE REST OF THE PACKAGE, BUT I SENT IT IN A LITTLE LATER, WHEN I RECEIVED THE I-485 NOTICE OF ACTION RECEIPT.

** DO NOT WORRY IF YOU CAN'T FIND YOUR I-94/W, JUST PHOTOCOPY YOUR PASSPORT STAMPED PAGE AND YOUR PHOTO I.D IN YOUR PASSPORT. (THIS IS WHAT I DID...) **

[NancyNguyen 1,658]

http://www.visajourney.com/content/i130guide2

[lesthatsri 9]

Hi

I had a similar situation from your wife. I am from Peru and I came to the US on a J1 visa for a Work and Travel program. After I was done with my job (during the 30 days grace travel period) I married my husband. (We were on a long distance relationship from before, but we met during new years eve this year for the first time, when I was already in the US). I filed for AOS on Concurrent filing. I was not subject to the 2 yr old requirement and was inspected at the point of entry by the officers (I arrived at JFK airport). Once I filed my paperwork I put Out of status, on it since my visa was already expired. The form I 485 requires you to have a copy of the birth certificate (I kept my original) and an English translation (which doesn't have to be certified or notarized). However, the translation has to be made by someone fluent in both languages and an identical copy. There are several online services to do that. I had my brother-in-law do it for me, since he did his masters in Mexico and he is fluent in both languages. The medical examination has to be done by one of the authorized civil surgeons by the USCIS which you can find here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

If your wife has her vaccination records available it will be easier, as she won't have to have them done anymore. If she doesn't then she will get to get them again here.

For the payment I sent a personal check from my bank, since I wanted to be able to know when they cashed the check. (They did this within a week I mailed my paperwork).

At this point I am waiting for my interview to be scheduled.

The only thing that concerns me is the fact that your wife quit her job making her J1 visa invalid. For my work and travel program I worked at a J1 visa sponsor office, and I know that if you violate the rules of the program (like quitting your job) the DHS is informed immediately. I am unsure if in your case that could be negative for her application.

EDIT: I used this guide to complete my I-485. Even if it says that it is for K1 visas, the AOS processing works the same in our case. http://www.visajourney.com/content/k1k3aos

Edited July 27, 2014 by lesthatsri